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2005 DIGILAW 388 (UTT)

Chandraveer Singh v. Yashoda Devi

2005-09-07

B.C.KANDPAL

body2005
JUDGMENT Hon'ble B.C. Kandpal, J.-Present Revision has been filed against the order dated 20.11.1997 passed by the Principal Judge, Family Court, Haridwar in case No. 40 of 2004 under Section 125 Cr.P.C. Smt. Yashoda Vs. Chandraveer. 2. Brief facts giving rise to this revision are that Smt. Yashoda moved an application for interim maintenance. The objection was filed by the revisionist against that application before the court below. Smt. Yashoda, has claimed the maintenance for herself and her son aged about 7 years. 3. The Principal Judge, Family Court. Haridwari vide order dated 20.07.2004 fixed the interim maintenance allowance to the tune of Rs. 2,000/per month for wife and Rs. 1,000/- per month for the son. 4. At the time of the admission, this Court stayed the operation of the order dated 20.07.2004 with the condition that the revisionist shall continue to pay an amount of Rs. 1500/- per month (Rs. 1000/- to wife + Rs. 500/- to son). 5. Heard learned counsel for the parties and perused the record. 6. Learned Principal Judge, Family Court. Haridwar has not recorded any reason as to what is the income of the applicant at present. Therefore, the interim maintenance according to the Principal Judge, Family Court. Haridwar appears to be arbitrary. However, it is not disputed that the revisionist is the Junior Commissioner Officer in Army. Therefore, he might be getting reasonable salary from his service. 7. Hence, considering the rank of the revisionist an amount of Rs. 1,500/- to the wife and Rs. 700/- to the son to be paid by the revisionist, would be just and reasonable. 8. Accordingly, the order dated 20.07.2004 is modified up to the extent that the revisionist shall continue to pay an amount of Rs. 2,200/- (Rs. 1,500/+ Rs. 700/-) to the opposite parties No.1 and 2 i.e. wife and son. The court has been informed by the counsel for the revisionist that the revisionist has been paying the amount as has been directed to him by the order dated 29.07.2004. The revisionist, therefore, is directed to pay the balance amount of Rs. 200/- per month to the respondents No.1 and 2 within a period of two months. 9. The revision is accordingly disposed of. The revisionist is directed to pay an amount of Rs. 2,200/- (Rs. 1500/- + Rs. 700/-) to respondents No.1 and 2 per month.